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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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ANALISIS YURIDIS TERHADAP KEWAJIBAN PEMBAYARAN IMBALAN BAGI KURATOR (STUDI KASUS PUTUSAN PENETAPAN NOMOR 48/PAILIT/2012/PN.NIAGA. JKT.PST JO NOMOR 704 K/ PDT.SUS/2012 ', Jumdesra; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Indonesia's economy was shocked by the news of PT. Cellular telecommunications (PT Telkomsel) were declared bankrupt by the Commercial Court on 14 September 2012. Telkomsel cut off bankruptcy by the Central Jakarta Commercial Court Decision Case Number 48/Pailit/2012/PN.Niaga.Jkt.Pst. because judged not meet obligations to partners, PT. Prima Jaya Informatika. However, the Bankruptcy Decision subsequently canceled by the Supreme Court. However, natural bankruptcy at the end of the PT. Telkomsel is not the end result of the law that must be paid by Telkomsel namely Rewards For curator.In conducting the study, the authors formulate two formulation of the problem, namely: The first How to Position the Receiver in bankruptcy cases Telkomsel in Decision Determination of Number 48/Pailit/2012/PN.Niaga.Jkt.Pst Jo No. 704 K/Pdt.Sus/2012? Second, How to judge the legal considerations of the remuneration for the Curator dalamPutusan-related judgments Telkomsel Bankruptcy Decisions Determination Number 48/Pailit/2012/ PN.Niaga.Jkt.Pst Jo Number 704 K/Pdt.Sus/2012?.and three, How analyzes Determination Decision No. 48/Pailit/2012/ PN.Niaga.Jkt.Pst Jo Number 704 K/Pdt.Sus/2012?The results showed that: The First, Fees for the Receiver in bankruptcy case ends because the appeal or reconsideration decision, the amount of remuneration is determined by the judge and curator charged to the applicant or the applicant's bankruptcy and debtors in the ratio set by the panel of Judges. Second, Decision of the Commercial Court Decision on Central Jakarta District Court No. 48/Pailit/ 2012/PN.Niaga.Jkt.Pst Jo No. 704K/Pdt.Sus/2012 is not compatible with the principles of justice. And three, the judges who decide the benefits do not consider the work that has been done, ability, and employment rates Curator concerned in determining the amount of remuneration. And does not consider any new rules that have been born with regard to the provisions of the Guidelines amount of remuneration for the curators and Administrator (Rule of law and human rights minister Number 1 of 2013).Keywords: Bankruptcy Telkomsel – Curator – Curator Rewards
TINJAUAN TERHADAP SISTEM MULTI PARTAI DALAM SISTEM PEMERINTAHAN PRESIDENSIAL DI INDONESIA PADA ERA REFORMASI Zuhdi Arman; Dodi Haryono; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Amendment Act of 1945 that occurred in the era of reform based on a commitment to reinforce the Presidential system. In contrast, multi-party system in combination with the current presidential system of government is to encourage parties to form a coalition that actually weakens the presidential system itself. The Coalition is one of the institutions of parliamentary systems which negatively berekses governance. Practices in Indonesian coalition formed before the general election of President and Vice President dominated political dealings regarding the division of public office without the formulation of a common platform. In fact, the coalition was formed not ensure that parties who are members of the coalition that has a representative in the legislature will always support government programs. Therefore, this study aimed to understand the application of multi-party system in the Presidential system of government in Indonesia in the reform era at once formulate implications for the executive and legislative relations and the implementation of the ideal. This type of research can be can be classified into types of normative juridical research, because it makes the literature as the main focus. Source of data used, the primary legal materials, secondary law, and tertiary legal materials. Data collection techniques in this study using the method of literature study.The results showed that the application of multi-party system in the Presidential system of government actually weaken the presidential system and have implications for the executive and legislative relations. Three things that the implications are; First, the number of political parties' interests that conflict with government policy. Second, the absence of permanent coalition arrangement. Third, the weak position of President. Ideally the implementation of a multi-party system, in order to create stability in the Indonesian presidential system of government, then there are three (3) things that need to be addressed in our Presidential system, namely: First, the simplification of the political parties, the second, setting the coalition remains, and the third, the strengthening of institutional design presidency. The author suggests needed coalition of political parties that are permanently defined by the rules of Law clearer so that it will produce a strong and efficient government.Keywords: multi-party system, coalition, a Presidential system.
PELAKSANAAN RETRIBUSI PARKIR DI TEPI JALAN UMUM DI WILAYAH KECAMATAN TAMPAN KOTA PEKANBARU BERDASARKAN PERATURAN DAERANOMOR 3 TAHUN 2009 TENTANG RETRIBUSI PELAYANAN DIBIDANG PERHUBUNGAN DARAT Ningsih, Fitria; Haryono, Dodi; ', Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

Parking levy is payment for the use of the service organization and use of the parking lot, which is contained in each of the places visited such as shopping centers, restaurants and entertainment venues, good parking space provided by the local government and on the edge of the public road. as there is in the area of the districts Handsome Pekanbaru order to increase revenue (PAD), One implementation Levy Parking On the Edge of the existing public road in Regional District of handsome Pekanbaru City Regional Regulation No. 3 of 2009 on Retribution Pelyan in the Field of Communications Army. The purpose of this study is: First To determine pelaksanann roadside Levy Parking In general, based on Regional Regulation No. 3 of 2009 in the District Handsome Pekanbaru. Second, to determine barriers for the implementation of the parking levy based on the edge of the public road Based on Local Regulation No. 3 of 2009 in the District Handsome Pekanbaru. Third, To know the effort that can be done to overcome the obstacles in the implementation of roadside parking levies generally based on Regional Regulation No. 3 of 2009 in the District Handsome Pekanbaru.This study is a kind of sociological research or empirical jurisdiction. Location of the study is the Regional District of Handsome Pekanbaru. Source of data, supported by the primary data source, secondary data sources, data source tartier, while the data collection techniques are interviews, questionnaires and library studies. After the data collected was then analyzed qualitatively using the deductive method to analyze the problems of a general nature and is then drawn to a conclusion in particular based on existing theory.From the research problem there are three things that can be inferred, first implementation of curbside parking fees in general, based on Regional Regulation No. 3 of 2009 in the subdistrict of Pekanbaru City Handsome not performing as it should be because of the lack of socialization of the local government to arkir officers and lack of coordination between government the field coordinator. This is because of the barriers faced by local governments. Both the obstacles faced in the implementation of roadside parking levies common in Pekanbaru City Regional District of Handsome operational shortage of officers involved in the supervision and inspection of the field to the parking attendant who sometimes banyaak parking attendant who do not have official permission to carry out their duties.Keywords:Retribusi- Local Revenuelocally-generated revenue
PENEGAKAN HUKUM PASAL 106 AYAT (6) UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALULINTAS DAN ANGKUTAN JALAN OLEH KEPOLISIAN SEKTOR MANDAU Tri Apri Yanto; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

Everyone in Indonesia using a motor vehicle to facilitate all their activities to mobilize or move from one place to another in the daily life. In Indonesia in the case of public awareness drive to use the safety belt still have not become a habit, whereas the use of safety belts is compulsory for drivers and passengers before the vehicles run or driven. As outlined in Act No. 22 of 2009 on Road Traffic and Road Transport. The purpose of writing this thesis are: First, to determine enforcement of Article 106 paragraph (6) the Act No. 22 of 2009 on Road Traffic and Road Transport Sector Mandau Police Department, Second, to determine the barriers in enforcement of Article 106 paragraph (6) the Act No. 22 of 2009 on Road Traffic and Road Transport Sector Mandau Police Department, Third, To know the efforts made to overcome obstacles in the enforcement of Article 106 paragraph (6) the Act No. 22 of 2009 on Road Traffic and Road Transport Sector Mandau Police Department.. This type of research can be classified into types of juridical sociological research. This research was conducted in the District Mandau, while the population and the sample is a whole party relating to the issues examined in this study, the data sources used, the primary data, secondary data, and the data tertiary, data collection techniques in this study with interviews, questionnaires , and literature. Analysis of the data used is qualitative data and techniques by means of deductive conclusion.. From the research, there are three main issues that can be inferred. First, law enforcement Article 106 paragraph (6) the Act No. 22 of 2009 on Road Traffic and Road Transport Sector Mandau Police Department is still not implemented optimally, Second, Obstacles encountered in enforcement of Article 106 paragraph (6) the Act No. 22 of 2009 on Road Traffic and Road Transport Sector Mandau Police Department will be influenced internal and external factors, Third, efforts are being made to overcome the obstacles in the enforcement of Article 106 paragraph (6) the Act No. 22 of 2009 on Road Traffic and Road Transport Sector Mandau Police Department through preventive and repressive measures. Author Suggestions, First, should the Police Sector Mandau firmly in taking a stance in enforcing the law, where the law looked at all the people are equal in front of him, Secondly, the necessary socialization, education, and related integrated deepening understanding of laws and regulations regarding the use of safety belts, Third, expected active role in enforcing the law enforcement and public participation in support of law enforcement carrying out their duties. Keywords: Implementation - Law Enforcement - Safety Belt
ANALISIS TERHADAP PENOLAKAN PERDAMAIAN PADA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) OLEH KREDITUR SEPARATIS DALAM PERKARA KEPAILITAN Ginting, Vida Rianita; ', Firdaus; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Suspension of Debt Payment is a certain period of time that is given to borrowers who can not pay off debts that have on due time or matured and can be billed, to submit a plan and negotiate to creditors. The peace in negotiation in PKPU ever happened to PT Maja Supreme Latexindo (PT MAL) proposed by one of the unsecured creditors namely Erwito. PT.MAL has a debt owed to unsecured creditors and creditors separatist, but one of the separatist creditors, namely PT. BRI, Putri Hijau Medan branch did not agree with the peace agreed upon by the other creditors by reason that the peace in violation of Article 285 Verse 2 part a, b, and c, 2 of Verse 281 of Law No. 37 of 2004 concerning with Bankruptcy and PKPU ( UUK and PKPU ).The objectives of this paper were, firstly to determine the application process of PKPU request by Erwito and peace proposed by PT . PT MAL against unsecured creditors. Secondly, to determine and analyze the reasons for the PT.BRI to reject peace proposed by PT . MAL. Thirdly, to know peace settlement efforts on PKPU between PT . BRI Putri Hijau Medan Br\qanch and PT . MAL . This type of research was normative juridical research.The conclusions drawn in this study were firstly, the application submitted by Erwito was in conformity with the requirement of the request PKPU namely Article 222 Verse 1 and 3 of UUK and PKPU and peace proposed by PT . MAL was in conformity with Article 281 UUK and PKPU. Secondly, the reason of PT BRI to reject peace agreed upon by debtor and other creditors referring to Article 285 , verse 2 a, b and c were not proven. Thirdly, the legal effort to do by PT BRI was to declare the debtor bankrupt if PT. MAL can not implement the agreement contents as stipulated in Article 255 Verse 1 of the UUK and PKPU and can apply for bankruptcy if it fulfills Article 2 Verse 1 of the UUK and PKPU. PT. BRI can also take legal actions to file an application in a civil case if the debt PT . MAL to PT BRI Putri Hijau Medan branch have not been paid.The suggestions to pose by the author is as follows. Firstly, for business doers, especially before applying for a declaration of bankruptcy should have enough knowledge about PKPU . Secondly , the judges verdict should explain the reason that the proposal is contrary to UUHT and peace achieved because of the conspiracy. Thirdly, bankruptcy regulation should provide an explanation of Article 285 , verse 2 , part b and c . Fourthly ,UUK and PKPU should first set before bankruptcy. Fifthly, the parties involved should do a peace treaty rights.Key words : PKPU- Peace – Legal Efforts
PERLINDUNGAN HUKUM TERHADAP NASABAH BANK PADA PENARIKAN TABUNGAN NASABAH OLEH PIHAK LAIN BERDASARKAN PRINSIP KEHATI-HATIAN DALAM PERBANKAN (STUDI DI PT. BANK RIAU KEPRI BUTIK MALL SKA PEKANBARU) Sinulingga, Andi Sanjaya; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Banking institution is one of institution which has an important strategic role in Indonesian development. In conducting its business activities, it must perform the duties and authorities carefully, thoroughly and professionally in order to gain public’s trusty. In Article 2 of banking law told that the activity of banking is guided by some principles or basis, namely economic democracy principle and the precautionary principle. This study examines the issues relating to the legal protection of the customer on the withdrawal of savings by the other party based on the precautionary principle in banking that occurs in PT. Bank Riau Riau Islands Boutique Mall SKA Pekanbaru. The aim of the study is to determine the legal protection of customers in the withdrawal of savings by other parties and determine the banking’s responsibility of the customer for withdrawal of saving by other parties.The study was conducted by using Juridical Sociological Research. The source of the data was obtained from primary data and secondary data, then for the technic of collecting the data was obtained by using interview and literature. Furthermore, the researcher also used qualitative analysis, an analysis of the data are clearly described in the form of sentences in order to obtain the clear image after that the conclusion can be gotten inductively.From the result of the study can be concluded that the legal protection of customer related to withdrawal of saving by other parties are: customer get protection by the bank in the form of good response to customer. The customer get the good response was in the form of in providing information, letting the customer give complaints and also collecting evidences. Then, the responsibility of the bank to customer related withdrawal of savings by the other party was the teller negligence in running their duties which resulted in loss of customer. For the case, the bank need to responsible for providing compensation to the client, but the first thing that should be done was proofing the truth about client indemnity that it was really the fault of the bank, further the replacement should be delegated to the teller who did negligence. This study suggests that all of bank staff should be more cautious, careful and meticulous in operating all the desk jobs, and the researcher expected that bank must have specific regulations which regulate transaction about the withdrawal of saving by other parties.Keywords: Bank, Customer Protection, Responsibility
PENEMUAN HUKUM OLEH HAKIM DALAM PERKARA PIDANA BERDASARKAN UNDANG-UNDANG NOMOR 48 TAHUN 2009 TENTANG KEKUASAAN KEHAKIMAN Rian Kurniawan; Erdianto Effendi; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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The discovery of the law is according Sudikno Mertokusumo , typically defined as the process of law-making by a judge or other officer law officer who was given the task of implementing the law or apply the common law rule against concrete legal events . But especially those in the criminal case judges in Indonesia are faced with a dilemma where on the one hand he had to perform legal discovery , but on the other hand he was blasted by a tight principle of legality that does not allow any punishment unless there is a law that regulates the actions that can be convicted . The purpose of this study , to determine the legal discovery in criminal cases based on Law No. 48 Year 2009 on Judicial Power , and to determine the barriers to discovery of the law by a judge in a criminal case based on Law No. 48 Year 2009 concerning Judicial Authority .This type of research is a normative legal research or can be referred to as the doctrinal legal research . The discovery of the law in criminal cases based on Law No. 48 Year 2009 concerning Judicial Authority , still has some issues ,one of which is the discovery of this law does not have a standard or special rules , such as law , legal discovery despite having some of the methods proposed by the legal experts , and the judges , but for its use is left entirely to the judge overseeing the case , the lack of legal discovery in criminal cases is still espoused understand the principle of legality set forth in Article 1 paragraph (1) Indonesian Criminal Code Plus after the Constitutional Court ruled in its decision No. 003 / PUU - IV / 2006 on July 25, 2006 which has been decided to remove the use tort understand the material in a positive sense . Efforts to overcome the weaknesses or shortcomings of this is to make a clear and unequivocal rule of the ability of judges to perform legal discovery , especially in criminal cases in Indonesia , and there are clear rules regarding the methods of the invention legitimate law and recognized by the laws of Indonesia . Soon the passing of the Bill Indonesian Criminal Code , to make it clear that in addition to the written law / legislation , there is also customary law recognized certain in the Draft Bill and the judges do not hesitate to dig , and find a sense of justice that live in society .Keywords : The Discovery of Law - Judge – Phedofilia- Criminal Case
TINJAUAN YURIDIS TERHADAP PERSEKONGKOLAN TENDER BERDASARKAN PASAL 22 UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT Lisca Vontya Arifin; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Bid rigging stipulated in Article 22 of the Anti Monopoly Law. The contents of the article as follows : Business agents are prohibited from conspiring with others to organize and / or determine the winner of the tender so as to result in unfair competition. Bid rigging in the procurement of goods / services can be made between the organizers of the tender with the provider of the goods / services and can be done by other bidders. Bid rigging is one form of action that is prohibited by the antitrust laws as bid rigging is fraudulent and harmful acts primarily other bidders who do not participate in cahoots, because by itself in the tender winner can not be arranged, but who do best deals and besides he was the winner bid rigging is anti-competitive actions.With so many cases of bid rigging that goes to the Business Competition Supervisory Commission ( KPPU ), the authors are interested in researching what causes frequent occurrence of bid rigging and how to prevent it. Because we know that there has been no regulation and law governing the conspiracy in the procurement of goods and services, but there are still businesses that do bid rigging. This is where the author wants to know what the actual cause of the frequent occurrence of bid rigging itself. So the authors use normative juridical method in conducting the research thesis.The purpose of this study was to determine the cause of conspiracy in the procurement of goods and services and to determine preventive measures conspiracy in the procurement of goods and services. The results of this study indicate that the cause of the frequent occurrence of bid rigging can be caused by various parties. From law enforcement, the businesses themselves or of the tender committee. And to prevent bid rigging Commission has made electronic auction system through the Electronic Procurement Service ( LPSE ). Where the presence of this LPSEs businesses and tender committee no longer meet.Keywords : Abuse, Conspiracy, Tender
TINJAUAN YURIDIS KEBEBASAN PERS SSEBELUM dan SETELAH ERA REFORMASI BERDASARKAN PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU Ronny Andreas; Dodi Haryono; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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During the New Order is a repressive regime, whereas in the era of reform after the Soeharto‟s fall press imposed by euphoria. During the New Order authoritarian make press system so consequently the press is curbed. In contrast, the Reformation reconanced as democratic future, including in terms of press freedom. The purpose of this research are: First, to explain the freedom of the press before the era of the Reformation by Act No. 21 of 1982 on the Principles of the Press and its amendment. Second, to explain the freedom of the press after the Reformation era by Act No. 40 of 1999 on the Press. Third, to explain the advantages and disadvantages of the press before and after the Reformation.From this research, there are three things that concluded. First, freedom of the press before the era of the Reformation by Act No. 21 of 1982 on the Principles of the Press and amendments if traced the articles are shackles for the life of the press, the press is required to issue a license issue this license that can be used to control the editorial contents and banning. Second, freedom of the press after the Reformation era by Act No. 40 of 1999 concerning the Press is to guarantee freedom of the press, because there is no silencing and banning. Third, before the Reformation era Indonesian press called Pancasila press with a free and responsible goals. However, there is no freedom, so no complaints as a result of the deviation of the freedom of the press. However, due to the strict control of the Government of the press lost their identity to carry out its functions independently.Freedom of the press after the Reformation era is done on a national responsibility without limitation license renewal. Disadvantages of the press after the Reformation era is freedom takes precedence over its responsibilities while the excess press after a press Reformation era became an independent institution. Suggestions writer, first to guarantee press freedom ideally built on a foundation of community interest media managers, and the interests of the target service. Secondly, with regard to the interests of community framework is advisable actualization national press freedom, not only will meet the interests unilaterally, either interest manager (source), and the top of the fulfillment of the target interest (public media). The press must be responsive to public situations, because the powerlessness of the public to appreciate his opinion to press leaders should act as a facilitator to be able to appreciate what is desired. Third, freedom of the press after the Reformation era should be retained but remained on its responsibilities so as not to be excessive.Keywords: Press, Before the Reformation, After Reform
PEMBAGIAN HARTA BERSAMA SETELAH PERCERAIAN DI KECAMATAN RENGAT KABUPATEN INDRAGIRI HULU (Studi Kasus Terhadap Putusan Pengadilan Agama Rengat Nomor : 062/Pdt.G/2009/PA Rengat) Fendra Yuli Hardiyanto; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Joint property is marital property acquired during marriage by both husband and wife, who are in the power of the husband and wife together, so that use should be made with the consent of both parties (unless provided otherwise in the marriage covenant). Joint property is set in the Compilation of Islamic Law Article 97 which states: "widow or widower who divorced each entitled to half of the joint property to the extent not otherwise stipulated in the marriage covenant". One of the underlying case verdict of joint property with Article 97 Compilation of Islamic Law is Case Number:062/Pdt.G/2009/PA. The principal issues in this research, namely: How does the setting on the Division of joint property after Divorce according Compilation of Islamic Law? and How consideration of the judges on the basis of the division of joint property after divorce in Decision Case Number: 062 / Pdt.G/2009/PA.RGT? This research views of the kind, the data used, and based on the core issues in this research, including normative legal research or legal research literature, the research done by using secondary data in the form of a copy of the decision on Case Number: 062 / Pdt.G / 2009 / PA .RGT as the main data research and other secondary data. This is a descriptive research that illustrates clearly and in detail about the legal reasoning of judges and application of the rules of joint property in Case Number: 062 / Pdt.G / 2009 / PA.RGT. In this case of the partnership has been happening since the beginning of the marriage both parties. The case of all the property of the partnership between the defendant and the plaintiff's entire property. Because of this partnership is not limited in accordance with the discussion shirkah mufawadhah. Partnerships have property that can be used by a husband and wife to finance their daily lives and their children. The husband and wife as a whole with their children. Judge basic considerations in deciding civil cases Number: 062 / PDT.G / 2009 / PA.RGT not meet the principle of legal certainty, because in this case the judges accept the testimony of plaintiff's brother. In evidence presented to the witness if the witness testified the knowledge of a property, then the witness should not have blood ties with one of the litigants, which is related by blood, by marriage or family member of one of the parties in a straight descent in accordance with Article 145 Paragraph 1e (a) HIR and Article 172 Paragraph 1 Rbg.Keywords: community property – divorce – Rengat

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